Chapter 3.16


3.16.010  Imposition.

3.16.020  Lien.

3.16.030  Seller's obligation.

3.16.040  Collection.

3.16.050  Disbursal of proceeds.

3.16.060  Payment due.

3.16.070  Refund.

3.16.080  Growth management fund--Deposit.

3.16.090  Adoption of state law by reference.

3.16.010 Imposition.

A.  There is levied and imposed an excise tax on each sale of real property within the corporate limits of the town at a rate of one quarter of one percent of the selling price of such real property.

B.  The excise tax shall be collected from those persons who are taxable by the state under RCW Chapter 82.45 upon the occurrence of any taxable event within the corporate limits of the town.

C.  The excise tax shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under RCW Chapter 82.45.  (Ord. 171-B §1, 1985)

3.16.020 Lien.

The real estate excise tax and interest or penalties thereon shall constitute a specific lien upon each piece of real property sold from the time of sale until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages.  (Ord. 171-B §2, 1985)

3.16.030 Seller's obligation.

The excise tax shall be the obligation of the seller of the real property and may be enforced through an action of debt against the seller or in the manner prescribed for the foreclosure of mortgages.  Resort to one course of enforcement is not an election not to pursue the other.  (Ord. 171-B §3, 1985)

3.16.040 Collection.

The excise tax shall be paid to and collected by the county treasurer.  The treasurer shall act as agent for the town.  The treasurer shall cause a stamp evidencing satisfaction of the lien to be affixed to the instrument of sale or conveyance prior to its recording, or to the real estate excise tax affidavit in the case of used mobile home sales.  A receipt issued by the treasurer for the payment of the tax shall be evidence of the satisfaction of the lien imposed by Section 3.16.020, and may be recorded in the manner prescribed for recording satisfactions of mortgages.  No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the county auditor for filing or recording until the tax is paid and the stamp affixed thereof; in case the tax is not due on the transfer, the instrument shall not be accepted until a suitable notation of this fact is made on the instrument by the treasurer.  (Ord. 171-B §4, 1985)

3.16.050 Disbursal of proceeds.

A.  The county treasurer shall deposit one percent of the proceeds of the excise tax into the county general expense fund to defray the costs of collection.

B.  The remaining proceeds of the excise tax shall be remitted to the town on a monthly basis.  (Ord. 171-B §5, 1985)

3.16.060 Payment due.

The tax imposed hereunder shall become due and payable immediately at the time of sale and, if not so paid within thirty days thereafter, shall bear interest at the rate of one percent per month from the time of sale until the date of payment.  (Ord. 171-B §6, 1985)

3.16.070 Refund.

If, upon written application by a taxpayer to the county treasurer for a refund, it appears a tax has been paid in excess of the amount actually due or upon a sale or other transfer declared to be exempt, such excess amount or improper payment shall be refunded by the county treasurer to the taxpayer; provided, that no refund shall be made unless the state has first authorized the refund of an excessive amount or an improper amount paid, unless such improper amount was paid as a result of miscalculation.  Any refund made shall be withheld from the next monthly distribution to the town.  (Ord. 171-B §7, 1985)

3.16.080 Growth management fund--Deposit.

All proceeds of the excise tax which are disbursed to the town shall be deposited into the growth management fund.  Moneys in such fund shall be accumulated from year to year, and may be expended at such times as the town council shall direct for the purposes of making capital improvements for the public benefit, including but not limited to those capital improvements listed in RCW 35.43.040.  (Ord. 171-B §8, 1985)

3.16.090 Adoption of state law by reference.

RCW Chapter 82.45 and any and all subsequent amendments to such statute are adopted by this reference as if set forth in full herein.  (Ord. 171-B §9, 1985)